Matthew Malone v Forthcorp Pty Ltd [1995] IRCA 481
The respondent provided neither procedural nor substantive fairness nor a valid reason for termination, in breach of the Industrial Relations Act 1988. The termination was unlawful and compensation is appropriate.
- Jurisdiction
- Australia
- Judgment Date
- 11 May 1995
- Procedural Posture
- Application / Judgment at Trial
- Outcome
- application allowed
- Legal Topics
- ['termination of Employment' 'unlawful Termination' 'procedural Fairness' 'substantive Fairness' 'remedy']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application / Judgment at Trial
Legal Issues
- 1 ["Whether the applicant's termination was unlawful for lack of procedural and substantive fairness" 'Whether the applicant is entitled to compensation for unlawful termination']
Ratio Decidendi
The respondent provided neither procedural nor substantive fairness nor a valid reason for termination, in breach of the Industrial Relations Act 1988. The termination was unlawful and compensation is appropriate.
Court Disposition
application allowed
Orders
- ['The application be allowed.' 'The respondent pay to the applicant the sum of $6500 within 14 days of today.']
Full Case Text
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